Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item #09 Approval of an Agreement with Zyscovich, Inc. for Development of a Design Criteria Package for a New City Hall and Subsequent Owner’s Representative Services During Solicitation and Negotiation with a Design-Build Firm
t ()cope florida AGENDA ITEM COVER SHEET Meeting Date: July 18, 2017 Item # 9' Reviewed By: 411,74' Contact Name: Al Butler, Director Department Director: �%��' Contact Number: 407-554-7063 City Manager: Subject: Approval of an agreement with Zyscovich, Inc. for development of a design criteria package for a new City Hall—part of the Downtown Redevelopment Master Plan at a cost of $276,190, and subsequent Owner's Representative Services during solicitation and negotiation with a design-build firm at a cost of$58,275. Background Summary: A key component of the Downtown Ocoee Redevelopment Master Plan is relocation of City Hall to the Northeast corner of the intersection of McKey Street and Bluford Avenue. The city anticipated construction being accomplished through the design-build method, so an RFQ was issued in April 2017 for a qualified architectural firm to develop the design criteria package needed to solicit a design-build construction company. Two architectural firms responded to that RFQ and the highest-ranked firm of Zyscovich, Inc. was awarded the work by the City Commission. Subsequent to that award, and in compliance with the Florida Consultants' Competitive Negotiations Act ("CCNA," §287.055, Florida Statutes), the city entered into negotiations with Zyscovich, Inc. and developed a detailed scope of work, project schedule, and price agreement for presentation to the City Commission. The basic components of the proposed agreement are: 1. The architectural firm will initially conduct a programming effort that will identify the number and type of spaces needed, the typically sizes of these spaces, and the general furnishing requirements of each type. 2. Based on the programming results, the firm will develop a conceptual design for the new City Hall in consultation with senior city staff and elected officials. A cost of construction estimate will be generated based on the conceptual design. Adjustments will be made in the design, if needed, to meet budget constraints. 3. A design criteria package will be produced by the firm that implements the aesthetic and functional elements of the conceptual design. This package will express the visual and organization design elements of the concept, as well as the construction specifications expressed to the extent required to implement the conceptual design and any critical components. 4. In consultation with Zyscovich, Inc., city staff will draft the solicitation language that uses the design criteria package to express the city's desired final product. 5. Zyscovich will participate as an advisor and non-voting member of the Selection Committee formed to evaluate responses by design-build firms. 6. Once a design-build firm is selected, Zyscovich will review final construction plans for conformance with the design criteria package. The last page in Exhibit B shows the distribution of work and cost over the pre-construction part of the project. The proposed schedule calls for up to 26 weeks of effort to produce the design criteria package and a subsequent 31 weeks for solicitation of design-build firms, selection of the top-ranked firm, preparation of construction documents, final price negotiation, permitting, and other pre-construction activities. Construction is currently expected to take 10 months. The Schedule of Values contained in Exhibit B of the proposed Agreement includes the cost of construction administration and other optional services that could be subsequently provided by Zyscovich, Inc. at the city's request. Issue: Should the City Commission endorse the proposed Agreement for development of a design criteria package and subsequent pre-construction activities at a cost of$334,465.00? Recommendation: Staff recommends that the City Commission endorse the proposed Agreement, authorize the Mayor to execute the Agreement, and direct staff to issue the purchase order to Zyscovich, Inc. for this work using an allocation of project funds of $334,465 for design and up to $2,000 for reimbursable expenses. In addition, staff seeks authority to expend up to $10,000 in other project funds for other companies to conduct related work, such as to take soil samples and perform additional surveys. Collectively, this work will produce the design criteria package and design-build construction firm solicitation documents. Approval of the proposed design-build procurement method is appropriate at this time since it will guide the form of the design criteria package and related solicitation documents. Staff has separately proposed changes to City ordinances that will impact the design-build procurement process to make it consistent with the current CCNA language. Consistent with that state law and the proposed revisions to Chapter 21 of the Ocoee City Code, staff recommends the design-build construction procurement process for the new City Hall utilize the following design-build method provided in the CCNA: 1. Issue an RFP based on the design criteria package produced by Zyscovich; 2. Evaluate the RFP responses on technical merit—no prices would be proposed; 3. Rank the top three (or more) design/build firms based on qualifications; 4. Establish the criteria for making a final selection; 5. Solicit design and price proposals from the top-ranked firms using the design-criteria package; 6. Selection committee makes a final ranking recommendation to the City Commission based on the design/price proposals submitted by the top-ranked firms; and 7. City Commission makes final ranking and authorizes staff to enter into negotiations with the top- ranked firm to establish a final design and price agreement. Failing to do so, staff would end negotiations and go to the next-ranked firm. This process will be revised if the final form of the ordinance requires it, or if changes to the CCNA occur. Attachment: Proposed architectural services agreement. Financial Impact: The proposed expenditure of up to $346,465 will use previously allocated funds from the 2017 General Fund Capital Bond Issue. The construction budget would be $9 million less the pre-construction costs. Type of Item: (please mark with an"x) Public Hearing For Clerk's Dent Use: Ordinance First Reading x Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney U isting contract X N/A Reviewed by Finance Dept. RISN/A Reviewed by ( ) N/A PROFESSIONAL SERVICES AGREEMENT RFQ #1704 DEVELOPMENT OF DESIGN CRITERIA PACKAGE FOR NEW OCOEE CITY HALL BETWEEN CITY OF OCOEE AND ZYSCOVICH,INCORPORATED t � TABLE OF CONTENTS PAGE Section 1—General Provisions 1 1.1 General 1 1.2 Services of Consultant 1 Section 2 - City's Responsibilities 2 2.1 Requirements for the Project 2 2.2 Information Pertinent to the Project 2 2.3 Access to Property 2 2.4 Examination 2 2.5 Approvals and Permits 2 2.6 City Project Manager 3 2.7 Notice and Extension of Term 3 2.8 Additional Services 3 2.9 Incidental Costs 3 Section 3 - Payments to Consultant 3 3.1 General 3 3.2 Reimbursable Expenses 4 3.3 Sales Tax 4 3.4 Payments by CITY 4 3.5 Payment Withheld 5 3.6 Records 5 3.7 Scope, Cost, and Fee Adjustments 6 3.8 Payment upon Termination 7 Section 4 - Termination 7 4.1 Termination without Cause 7 4.2 Termination for Cause 7 4.3 Delivery of Materials upon Termination 8 Section 5 - Suspension 8 Section 6 - Materials, Reuse of Documents, and Confidentiality 8 6.1 General 8 6.2 Reuse of Documents 9 Section 7 - Notices 9 Section 8 - Conflicts of Interest 9 Section 9 - Waiver of Consequential Damages 10 RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page ii f i t T PAGE Section 10 - Indemnification and Insurance 10 10.1 Indemnification and Repair of Damage 10 10.2 Insurance 10 Section 11 - Miscellaneous Provisions 11 11.1 Local, State, and Federal Obligations 11 11.2 Consultant Is Not Agent of City 12 11.3 Sub-consultants 12 11.4 Assignment and Delegation 13 11.5 Audits 13 11.6 Entire Agreement 14 11.7 Amendment 14 11.8 Validity 14 11.9 Headings 14 11.10 Timeliness 14 11.11 Public Entity Crimes 14 11.12 Force Majeure 15 11.13 Remedies and Costs 15 11.14 Dispute Resolution and Exclusive Venue 15 11.15 Non-Exclusive Agreement 15 Exhibits A—RFQ 1704 B —Scope of Work C—Truth-in-negotiations Certificate RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page iii THIS AGREEMENT is made and entered into this day of , 20_, by and between the CITY OF OCOEE, Florida, a municipal corporation existing under the laws of the State of Florida ("CITY"), and ZYSCOVICH, INCORPORATED= a Florida corporation ("CONSULTANT"). WHEREAS, the CITY shall use the CONSULTANT's professional architectural and engineering services ("Services"), as further described below, for the development of a Design Criteria Package for the new Ocoee City Hall ( "Project"), meeting the criteria of §287.055 (2) (f), Florida Statutes; and WHEREAS, the CONSULTANT, having submitted a response to CITY's Request For Qualifications No. 1704 ("RFQ 1704"), which is attached hereto as Exhibit "A" and the terms of which are incorporated herein by reference, and having been selected pursuant to the procedures of§§287.055, et seq., Florida Statutes, is willing and able to perform the Services for the CITY on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and mutual covenants given one to the other, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: SECTION 1 GENERAL PROVISIONS 1.1 General 1.1.1 The CONSULTANT shall provide services for the CITY, as required by the CITY, in accordance with all phases of the Project, as described in RFQ 1704 (Exhibit "A"), and which may include providing professional architecture and engineering design by itself or with sub- consultants. The Scope of Work is further described in RFQ 1704 and in Exhibit "B." The CONSULTANT shall perform any and all services in a timely, efficient, and cost-effective manner that comports with the recognized standards of professional practice ordinarily exercised by reputable members of the relevant professions. 1.1.2 All references to drawings shall mean both traditionally drafted as well as computer-based, and all submissions of drawings will include paper and/or computer file versions, as appropriate. The CONSULTANT shall provide all computer generated material to the CITY in a digital format that is compatible with what is being used by the CITY. 1.2 Services of Consultant 1.2.1 CONSULTANT shall perform services in accordance with a Scope of Work attached hereto as Exhibit "B" and the terms of which are incorporated herein by reference. This work shall be completed for the firm, fixed price of$ 334,465.00 (Three hundred- thiry four thousand and four hundred- sixty five dollars), also see Schedule of in accordance with the schedule contained in Exhibit "B." 1.2.2 CITY may retain the subsequent, additional services of CONSULTANT to provide detailed design services, support CITY staff in conducting construction service procurements related to RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 1 1 I the project, provide owner's representative services and related work during construction, and supply inspection services to insure conformance with the approved plans and specifications. Any such additional work shall be performed in accordance with the terms and conditions and for the price established by an addendum or change order to this Agreement. SECTION 2 CITY'S RESPONSIBILITIES 2.1 Requirements for the Project The CITY shall provide criteria and information, as may be needed by the CONSULTANT to ascertain and meet the CITY'S requirements for the Project in a timely manner, including design objectives and constraints; space, capacity and performance requirements; flexibility and expandability matters; any budgetary limitations; and copies of all design and construction standards that the CITY will require to be included in the Drawings and Specifications. 2.2 Information Pertinent to the Project The CITY shall provide the CONSULTANT with access to the CITY's records to allow the CONSULTANT to identify all available information pertinent to the Project (including previous reports and any other data relative to design or construction of the Project). The CITY shall make reasonable efforts to identify such pertinent information for the CONSULTANT. The CONSULTANT is ultimately responsible for satisfying itself as to accuracy of any data provided, and, furthermore, the CONSULTANT is responsible for bringing to the CITY's attention, for the CITY's resolution, any material inconsistencies or errors in such data that come to the CONSULTANT's attention. If the CITY requires the CONSULTANT's assistance in resolving any error or inconsistency, such services may be provided by mutual agreement of the parties, and shall be reimbursed by the CITY pursuant to the terms of such agreement, which shall be established through a change order or addendum to this Agreement. 2.3 Access to Property The CITY shall arrange for access to and make provisions for the CONSULTANT to enter upon public and private property, as required for the CONSULTANT to perform its Services. 2.4 Examination The CITY shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approvals and Permits The CITY shall obtain approvals and permits, with the active assistance and advice of the CONSULTANT (and as provided in the applicable Scope of Work), from all governmental authorities having jurisdiction over the Project, and such approvals and consents from others as may be necessary for successful completion of the Project. RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 2 2.6 City Project Manager The CITY hereby appoints the City Manager as the City Project Manager for management of this Project. The City Manager initially appoints the Director of Support Services but may appoint a different City Project Manager at any time by giving notice to the CONSULTANT. The Project Manager for the City shall serve as Owner's Representative and shall issue any and all written authorizations to the CONSULTANT that the Project may require, or that may otherwise be defined or referred to in this Agreement. The City Project Manager shall also: (1) act as the CITY's agent with respect to the services rendered hereunder; (2) transmit instructions to and receive information from the CONSULTANT; (3) communicate the CITY's policies and decisions to the CONSULTANT regarding the services; (4) initially determine whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder; and (5) initially determine the merits of any allegation by the CONSULTANT respecting the CITY's non-performance of any Project obligation. All determinations made by the City Project Manager, as outlined above, shall be final and binding upon the CONSULTANT in regard to further administrative review, but shall not be binding upon the CONSULTANT in regard to general appearances before or appeals to the Ocoee City Commission, or appearances before or appeals to a court of competent jurisdiction. 2.7 Notice and Extension of Term The CITY shall give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT's Services, or any defect in the work. If the CONSULTANT has been delayed in completing its services through no fault or negligence of its own, and, as a result, will be unable to complete performance fully and satisfactorily under the provisions of this Agreement, then, in the CITY's sole discretion, and upon the submission to the CITY of evidence of the causes of the delay, the CONSULTANT shall be granted an extension of its Project schedule equal to the period the CONSULTANT was actually and necessarily delayed. 2.8 Additional Services The CITY shall furnish, or direct the CONSULTANT to provide, necessary Additional Services as stipulated in Section 1.2.2 of this Agreement, or other Services as required, or as mutually agreed pursuant to an approved change order or addendum to this Agreement. 2.9 Incidental Costs The CITY shall bear all costs incident to compliance with the requirements of this Section. SECTION 3 PAYMENTS TO CONSULTANT 3.1 General 3.1.1 For Services rendered, the CITY shall pay the CONSULTANT a lump-sum fee, including or excluding reimbursable expenses, as mutually agreed upon and set forth in Exhibit "B." The CONSULTANT will invoice the CITY monthly, based upon the CONSULTANT's estimate of RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 3 1 1 the portion of the total services actually completed at the time of billing, in a narrative monthly invoice ("Invoice") . 3.1.2 The CITY will pay the CONSULTANT for the Services detailed in each Invoice, if and as approved, as summarized in section 3.1.2, and in accordance with the schedule of fees and reimbursable expenses described in Exhibit "B." The Invoice shall be in a format approved by the City Project Manager, who must also approve the Invoice prior to the CITY processing the Invoice for payment. 3.1.2 The CONSULTANT fully acknowledges and agrees that if, at any time, it performs services on the Project when such services have not been: (a) fully negotiated, reduced to writing, and formally executed by both the CITY and CONSULTANT or (b) reduced to writing by the CITY and signed by the CITY, then the CONSULTANT shall perform such services without liability by the CITY and at the CONSULTANT's own risk. 3.3 Reimbursable Expenses "Reimbursable Expenses" means the actual, necessary, and reasonable expenses incurred directly or indirectly in connection with the Project, as may be described in Exhibit "B." All reimbursable expenses must be approved by City Project Manager prior to CONSULTANT incurring the expense. 3.4 Sales Tax Under Florida law, the CITY is exempt from sales taxes imposed upon professional services when the CITY purchases such services directly. The CITY agrees to pay actual taxes (exclusive of any multiplier) imposed upon the CONSULTANT, for Projects performed pursuant to this Agreement, if and as applicable when the CONSULTANT purchases sub-consultant services, or materials, except for qualified sales or resales. The CITY and the CONSULTANT agree that this Subsection may be modified by addendum or change order, in the event of future changes to Florida law that affect the parties, terms, or conditions of this Agreement. 3.4 Payments by CITY 3.4.1 All payments for services and approved reimbursable expenses shall be made by the CITY to the CONSULTANT in accordance with the Florida Local Government Prompt Payment Act, sections 218.70, et seq., Florida Statutes, unless, within the prescribed payment period, the CITY: (a) notifies the CONSULTANT of an objection to the payment amount; and (2) provides the CONSULTANT with either a determination of the proper payment amount or requests further information from the CONSULTANT so that a proper payment amount can be derived and agreed upon by the parties. 3.4.2 The CITY's objection to the requested payment amount shall be accompanied by the CITY's remittance of any undisputed portion of the payment. If the objection is resolved in favor of the CONSULTANT, then the CITY shall pay the CONSULTANT the amount [beginning from the payment period, plus interest at one percent (1%) simple interest, per month] so determined, minus any payment amount previously paid to the CONSULTANT with respect to the objection. If it is determined that the CITY has overpaid the CONSULTANT, then the CONSULTANT shall, within thirty (30) calendar days, refund to the CITY the overpayment amount, and interest, RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 4 1 at one percent (1%) simple interest, per month, and the CONSULTANT shall not be held to be in breach of this Agreement thereby. 3.4.3 After completion of the work or at the termination of this Agreement, the CONSULTANT shall submit an Invoice to the CITY for final payment. Acceptance by the CONSULTANT of the CTTY's payment pursuant to CONSULTANT'S final Invoice shall constitute a full and complete release of the CITY by CONSULTANT for any and all claims or demands relating to further compensation or payment under this Agreement. 3.5 Payment Withheld When the CITY has reasonable ground for belief, or information to believe, that: (1) the CONSULTANT will be unable to perform the services within the approved schedule or (2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the CONSULTANT's negligence or the CONSULTANT's breach of any provision of this Agreement, then the CITY may withhold a payment otherwise due and payable to the CONSULTANT, provided, however, that the CITY shall not unreasonably withhold other payments that may not otherwise be in dispute. Any payment so withheld may be retained by the CITY for such period as it deems advisable to protect the CITY against any loss or deprivation that the CITY may incur pursuant to this subsection. This provision is intended solely for the benefit of the CITY, and no person shall have any right against the CITY or claim against the CITY by reason of the CITY's failure or refusal to withhold a payment. This provision is not intended to limit or in any way prejudice any other right the CITY may have under this Agreement. . 3.6 Records 3.6.1 Financial Records. The CONSULTANT agrees to maintain, and to cause each sub-consultant to maintain, complete and accurate books and records (Books) in accordance with sound accounting principles and standards, and relating to all services and the Project, and the related costs and expenditures to the CITY that have been contracted for and paid during the life of this Agreement. The Books shall identify the services rendered during each month, the date that each Project expense was incurred, and whether the expense was service- or reimbursable-related. The Books shall be maintained for five (5) years following final payment or five (5) years following termination of this Agreement, whichever is later. 3.6.2 Public Records. Each party acknowledges that the City is bound by Florida's public records law. CONSULTANT agrees to comply with public records law in accordance with Chapter 119, Florida Statutes, and more specifically: 1. Keep and maintain public records required by the City to perform the service described in this Agreement. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, FS, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 5 contract term and following completion of the contract if the Consultant does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. If the CONSULTANT or one of its sub-consultants has questions regarding the application of Chapter 119, Florida Statutes, as it relates to these requirements, the Consultant has the duty to contact the Ocoee City Clerk, Ms. Melanie Sibbitt, at (407)-905-3100, extension 1026, msibbitt@ocoee.org, or mailing address: 150 N. Lakeshore Drive, Ocoee, Florida 34761. 3.7 Scope, Cost, and Fee Adjustments 3.7.1 General. The CONSULTANT or the CITY may, at any time, notify the other of requested changes to the Scope of Work described in Exhibit "B" or any Scope of Work included in a subsequent change order or addendum to this Agreement. The notification shall state the scope of the modification and an adjustment of the cost estimate and fee specified in the applicable Scope of Work to reflect such modification. The cost and fee adjustment due to modification in the Scope of Work may be calculated utilizing the same method of compensation applicable to the Scope of Work prior to the Scope's modification. The CONSULTANT and the CITY understand that, unless the cost and fee adjustment is within a previously approved budget, any change to the Scope of Work must be approved or authorized by the Ocoee City Commission. If the cost and fee adjustment is within a previously approved budget for changes to the Scope of Work for the overall Project, the change may be approved by the City Project Manager. 3.7.2 Scope Reduction. The CITY shall have the sole right to reduce (or eliminate, in whole or in part) the Scope of the Project at any time and for any reason upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be fully compensated for the services already performed, including all Project-specific fee amounts due and payable prior to the effective date stated in the CITY's notification of the reduction and for a maximum of five (5) days' demobilization costs. The CONSULTANT shall also be compensated for the services remaining to be performed, if any, that are not reduced or eliminated from the Project. 3.7.3 Scope Suspension. The CITY may, at any time and for any reason, direct the CONSULTANT to suspend work in whole or in part under this Agreement. Such direction shall be in writing and shall specify the period during which services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the CITY may thereafter specify in writing. The period during which the services are stopped by the CITY shall be added to the applicable term of the work, provided, however, that any work stoppage not approved or caused by the actions or inactions of the CITY shall not give rise to any claim against the CITY RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 6 by the CONSULTANT. The CITY agrees to compensate the CONSULTANT for its reasonable and verifiable costs attributable to any delay approved or caused by the actions or inactions of the CITY. 3.8 Payment upon Termination Upon the termination of this Agreement, the CONSULTANT shall prepare a final and complete invoice for all services and reimbursable expenses incurred since submission of the last invoice through the date of termination. The final invoice shall be subject to all of the provisions described herein. SECTION 4 TERMINATION 4.1 Termination Without Cause This Agreement may be terminated by the CITY without cause by delivering thirty (30) days' written notice to the CONSULTANT. In the event of the termination of this Agreement, any liability of one party to the other arising out of any services rendered, or any act or event occurring prior to termination, shall not be deemed to be terminated or released. The CONSULTANT shall be paid for Services completed prior to receipt of the termination notice and for reasonable costs relating to commitments for the benefit of the City prior to the termination; however, final payment to the CONSULTANT will exclude any and all anticipated supplemental costs, administrative expenses, overhead, and profit on uncompleted Services. 4.2 Termination for Cause 4.2.1 In addition to any other termination provisions that may be provided in this Agreement, the CITY may terminate this Agreement, or any change order or addendum issued under this Agreement, in whole or in part, if the CONSULTANT: (1) submits a willfully false invoice or (2) substantially fails to perform any obligation under this Agreement and does not remedy the failure within fifteen (15) calendar days after receipt by the CONSULTANT of written demand from the CITY to do so, unless the nature of the failure is such that it cannot, in the exercise of reasonable diligence, be remedied within fifteen (15) calendar days, in which case the CONSULTANT shall have such time as is reasonably necessary to remedy the failure, provided the CONSULTANT promptly takes and diligently pursues such actions as are necessary therefor. The CONSULTANT may terminate this Agreement if the CITY substantially fails to perform any obligation under this Agreement, other than responding to a demand for payment, which is addressed in Section 3, herein, and does not remedy the failure within fifteen (15) calendar days after receipt by the CITY of written demand from the CONSULTANT to do so, unless, however, the nature of the failure is such that it cannot, in the exercise of reasonable diligence, be remedied within fifteen (15) calendar days, in which case the CITY shall have such time as is reasonably necessary to remedy the failure, provided it promptly takes and diligently pursues such actions as are necessary therefor. 4.2.2 Upon termination of this Agreement for cause by the CITY, the CITY may pay the CONSULTANT for the services actually rendered and the reasonable and provable expenses required by and actually incurred by the CONSULTANT for services prior to the effective date of termination. Such payments, however, shall be reduced by an amount equal to any additional costs and damages RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 7 incurred by the CITY as a result of the default(s) of the CONSULTANT, including all incidental and consequential fees and expenses. 4.3 Delivery of Materials Upon Termination In the event of termination of this Agreement by the CITY prior to the CONSULTANT's satisfactory completion of all the services described to herein, the CONSULTANT shall promptly furnish the CITY, at no additional cost or expense, with one (1) copy of the following items (Documents), any or all of which may have been produced prior to and including the date of termination: data, specifications, calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports, memoranda, and any and all other documents, instruments, information, and materials (whether or not completed) that were generated or prepared by the CONSULTANT, or by any sub-consultant, in rendering the services described herein and not previously furnished to the CITY by the CONSULTANT pursuant to this Agreement. The Documents shall be the sole property of the CITY, and the CITY shall be vested with all rights provided therein of whatever kind and however created. The CONSULTANT shall also require that all sub-consultants agree in writing to be bound by the provisions of this subsection. This provision is supplemental to the language in this Agreement relating to public records. SECTION 5 SUSPENSION The CITY has the right to suspend the CONSULTANT's services; however, if the CITY suspends the CONSULTANT's Services, the CITY will add to the time period for the performance of service an amount of time not less than the duration of such suspension and compensate the CONSULTANT for its reasonable and verifiable costs, profits (as agreed to by the CITY), and losses (including overhead costs, reimbursable expenses, and sub-consultant expenses incurred) associated with demobilization and remobilization for such suspended service. SECTION 6 MATERIALS, REUSE OF DOCUMENTS, AND CONFIDENTIALITY 6.1 General One reproducible copy of all data, inspector's reports,job files, test reports, shop drawings, construction photographs, cost control and scheduling data, computer printouts, sub-consultant submittals, summaries, memoranda and other written work, documents, instruments, information, and materials generated or prepared by the CONSULTANT especially for the services rendered hereunder whether or not completed shall be supplied by the CONSULTANT to the CITY at the CITY's request. The final work product of all such materials (e.g., signed and sealed Drawings and Specifications used to record the design and as-built conditions, studies, analyses, etc.), along with all formal CONSULTANT-CITY correspondence concerning the Project (e.g., letters, tapes, memoranda, etc.) shall be the sole property of the CITY. All materials described above shall be retained by the CONSULTANT for the statutory period (section 95.11, Florida Statutes, as it may be from time-to-time amended), or as may otherwise be agreed by the parties. Furthermore, the CITY may reuse them at no additional cost, and the CITY shall be vested with all rights of whatever kind and however created that may be in existence thereto. RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 8 6.2 Reuse of Documents The CITY acknowledges that the materials described immediately above are not intended for use in connection with any project or purpose other than the Project and purpose for which the materials are prepared. Any reuse by the CITY of such materials in connection with a project or purpose other than that for which such materials were prepared, without the prior written consent of the CONSULTANT, shall be at the CITY's sole risk, and the CONSULTANT shall have no responsibility or liability related thereto. SECTION 7 NOTICES All notices denominated as such by this Agreement, or the City Code, or Florida law, required to be given to the CONSULTANT hereunder shall be in writing, and shall be given by hand-delivery or United States mail, postage prepaid, addressed to: Zyscovich Architects, Inc. 250 Park Avenue, Suite 510 Winter Park, Florida 32789 Attention: John A. Cunningham All notices required to be given to the CITY shall be in writing, and shall be given by hand-delivery or United States mail, postage prepaid, to the City Manager and City Clerk, separately, at: CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: Director of Support Services If a different City Project Manager is appointed, then that person shall replace the Director of Support Services on all notices. Either party may change its address by written notice to the other party given in accordance with the provisions of this subsection. SECTION 8 CONFLICTS OF INTEREST The CONSULTANT represents and warrants unto the CITY that no officer, employee, or agent of the CITY has any interest, directly or indirectly, in the business of the CONSULTANT to be conducted hereunder. The CONSULTANT further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid, or agreed to pay, or given or offered any fee, commission, percentage, gift, loan, or anything of value (Value) to any person, company, corporation, individual, or firm, other than bona fide personnel working solely for the CONSULTANT, in consideration for or contingent upon, or resulting from the award or making of this Agreement. Further, the CONSULTANT also acknowledges that it has not agreed, as an expressed or implied condition for obtaining this Agreement, to employ or retain the services of any person, company, individual, or firm in connection with carrying out this Agreement. It is absolutely RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 9 t understood and agreed by the CONSULTANT that, for the breach or violation of this subsection, the CITY shall have the right to terminate this Agreement without liability and at its sole discretion, and to deduct from any amounts owed, or to otherwise recover, the full amount of any Value paid by the CONSULTANT. As a condition of this Agreement, CONSULTANT shall execute a Truth-in- negotiation Certificate, which is attached hereto as Exhibit"C" and incorporated herein by reference. SECTION 9 WAIVER OF CONSEQUENTIAL DAMAGES IN NO EVENT SHALL THE CITY BE LIABLE TO CONSULTANT OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE; NOR SHALL THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR COST OF COVER INCURRED BY CONSULTANT OR ANY THIRD PARTIES ARISING OUT OF THIS AGREEMENT AND/OR CONCERNING THE PERFORMANCE OF SERVICES BY THE CONSULTANT OR BY THE CITY UNDER THIS AGREEMENT. SECTION 10 INDEMNIFICATION AND INSURANCE 10.1 Indemnification The CONSULTANT agrees to indemnify, defend and hold harmless the City, its representatives, employees, and elected and appointed officials from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Consultant and persons employed or utilized by the CONSULTANT in the performance of any professional services rendered under this Agreement. For purposes of compliance with Florida law, CONSULTANT acknowledges that this provision shall be deemed a part of the project specifications or the bid documents. 10.2 Insurance 10.2.1 General. The CONSULTANT shall purchase, maintain, and keep in full force, effect, and good standing, such insurance as described below and in Exhibit "A," and any other insurance necessary to fully protect it from claims of the nature that are detailed herein, that may arise out of, or result from, the CONSULTANT's operations, performance, or services, or all of these things, or any of these things in combination (CONSULTANT's Operations), whether the CONSULTANT's Operations are by the CONSULTANT, any of its agents or sub-consultants, or anyone for whose act or acts it may be liable. The CONSULTANT's insurance carrier shall be licensed to do business in the State of Florida and shall have an A.M. Best Rating of A or better. The insurance required by this subsection shall be written for not less than the limits of liability specified in Exhibit "A" or required by law, whichever is greater, and shall include contractual liability insurance, as applicable to the CONSULTANT's obligations under this Agreement. The City shall be named additional insured on all such policies. 10.2.2 Coverage Amounts. The CONSULTANT shall provide evidence of insurance in accordance with the terms stated in Exhibit "A" and the form of a certificate of insurance issued on behalf of RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 10 the CITY by companies acceptable to the CITY at the minimum limits and coverage's with deductible amounts acceptable to the CITY, as provided in Exhibit"A." 10.2.3 The CONSULTANT shall not commence any work in connection with this Agreement until all insurance has been obtained and approved by the CITY, nor shall the CONSULTANT allow any sub-consultant to commence work on a subcontract until all similar insurance required of the sub-consultant has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self- insurer under section 440.57, Florida Statutes. 10.2.4 CITY's Right to Inspect Policies. In the event of a claim, the CONSULTANT shall, upon ten (10) days' written request from the CITY, deliver copies to the CITY of any or all insurance policies that are required in this Agreement. SECTION 11 MISCELLANEOUS PROVISIONS 11.1 Local, State, and Federal Obligations 11.1.1 Discrimination. The CONSULTANT, for itself, its delegates, successors-in-interest, and its assigns, and as a part of the consideration hereof, does hereby covenant and agree that: (1) in the furnishing of services to the CITY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to this Agreement on the grounds of such person's race, color, creed, national origin, disability, marital status, religion, or gender; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, and as such rules, regulations, or guidelines may be from time to time amended. In the event of a breach of any of the nondiscrimination covenants described in this Subsection, the CITY shall have the right to terminate this Agreement, with cause, as described above. 11.1.2 Compliance with Law. The CONSULTANT and its employees shall promptly observe, comply with, and execute the provision of any and all present and future federal, state, and local laws, rules, regulations, requirements, ordinances, and orders which may pertain or apply to the services that may be rendered to the CITY under this Agreement, or to the wages paid by the CONSULTANT to its employees. The CONSULTANT shall also require, by contract, that all sub-consultants comply with the provisions of this subsection. 11.1.3 Licenses. The CONSULTANT shall, during the life of this Agreement, procure and keep in full force, effect, and good standing all necessary licenses, registrations, certificates, permits, and other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its services as described herein. The CONSULTANT shall also require all sub-consultants to comply by contract with the provisions of this subsection. 11.1.4 Compliance with New Regulations. Future funding for the design and construction of capital improvements related to the Services provided by CONSULTANT under this Agreement may RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 11 t come from federal, state, and private sources that may be identified by the CITY or CONSULTANT in the course of the work. The CONSULTANT agrees that at such time as these sources modify their procedures in order for the CITY or the CONSULTANT to qualify for funding, then the CONSULTANT shall consent to and make such modifications or amendments in a timely manner. If the CONSULTANT is unable to comply with applicable rules and regulations governing the grant of such funds, then the CITY shall have the right, by written notice to the CONSULTANT, to terminate this Agreement for convenience. Furthermore, if the CONSULTANT's compliance with such laws, regulations, rules, or procedures causes a material change to a term or condition of this Agreement, then the CITY agrees, upon sufficient proof of material changes, as may be presented to it by the CONSULTANT, to amend all related CITY/CONSULTANT contractual obligations, and to revise the Project fees accordingly. 11.1.5 License Fees and Royalties. The CONSULTANT agrees that any invention, design, process, product, device, proprietary system, or proprietary process for which an approval (of any type) may be necessary, shall be paid for by the CITY, but shall be secured by the CONSULTANT (or, at the CONSULTANT's direction, by its sub-consultant) before the completion of related services. 11.2 Consultant Is Not Agent of City The CONSULTANT is not authorized to act as the CITY's agent hereunder and shall have no authority, expressed or implied, to act for or bind the CITY hereunder, either in CONSULTANT's relations with sub-consultants, or in any other manner whatsoever, except as otherwise stated in the Scope of Work. 11.3 Sub-consultants 11.3.1 General. The CONSULTANT shall have the right, conditioned upon the CITY's prior consent (which shall not be unreasonably withheld), to employ other firms, consultants, contractors, etc. as its sub-consultants, provided, however, that the CONSULTANT shall: (1) inform the CITY as to what particular services the sub-consultants shall be employed to do; (2) inform the CITY as to what extent (what percentage) of the total services each sub-consultant shall be employed to do; (3) be solely responsible for the performance of all of its sub-consultants, including but not limited to their maintenance of schedules, correlation of services, or both of these things, and the resolution of all differences between them; (4) promptly terminate the use and services of any sub-consultants upon written request from the CITY (which may be made for the CITY's convenience); (5) promptly replace each such terminated sub-consultant with a sub-consultant of comparable experience and expertise or undertake the work with its own staff; (6) cause a sub- consultant to remove any employee(s) from the Project as the CITY shall request (for the CITY's convenience); and (7) assure that such employee(s) shall be promptly replaced by other employee(s) of comparable experience and expertise and who are otherwise acceptable to the CITY. After the sub-consultant has received notice of the termination, or two (2) business days after the CITY has notified the CONSULTANT in writing of the required termination of the sub- consultant or the sub-consultant's employee, whichever shall occur first, the CITY shall have no obligation to reimburse the CONSULTANT for the services subsequent to the notice of termination of any sub-consultant or employee who may be terminated pursuant to the provision of this subsection, provided, however, that the CITY shall reimburse the CONSULTANT for the CONSULTANT's reasonable and provable sub-consultant demobilization or remobilization costs, as defined herein, and reasonable and provable additional fees charged by the new sub- RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 12 consultant, if any, if the CITY terminates a sub-consultant for convenience, and provided, further, that the CONSULTANT shall receive no reimbursement for demobilization or remobilization costs or any additional fees or costs, if a sub-consultant is terminated for cause. It is also understood that the CITY does not, by accepting a sub-consultant, warrant or guarantee the reliability or effectiveness of that sub-consultant's services. 11.3.2 Work Outside Scope and Time of Payment. The CITY shall have no obligation to reimburse the CONSULTANT for the services of any sub-consultant that may be in addition to the anticipated services, or for those sub-consultant services not previously made known to the CITY, or that are otherwise outside of the Scope of Work, unless and until the CITY has given written approval of such reimbursement. The CONSULTANT agrees to pay all such sub-consultants for their Project-related services no later than thirty (30) calendar days after the CONSULTANT's receipt of payment from the CITY for work performed by the sub-consultants, unless such payment is disputed by the CONSULTANT, and the CITY receives written notice thereof. 11.3.3 Sub-consultant Contracts. The CONSULTANT shall provide a copy of all relevant provisions of this Agreement to all sub-consultants hired by it or for which it may have management responsibilities and shall inform all sub-consultants that all services performed hereunder shall strictly comply with the terms and provisions of this Agreement, including those relating to insurance and insurance coverage. The CONSULTANT shall also furnish the CITY, upon demand, with a copy of all contracts between the CONSULTANT and its sub-consultants. 11.4 Assignment and Delegation The CITY and the CONSULTANT bind themselves and their partners, successors, executors, administrators, and assigns, to the other party of this Agreement in respect to all duties, rights, responsibilities, obligations, provisions, conditions, and covenants of this Agreement; except that the CONSULTANT shall not assign, transfer, or delegate its rights or duties, or both of these things, in this Agreement without the prior written consent of the CITY. The CITY has the right to withhold such consent at its convenience. If the CONSULTANT attempts to assign, transfer, or delegate its rights or duties in violation of the provisions of this Agreement and without the CITY's consent, then the CITY may terminate this Agreement as a breach of contract by the CONSULTANT and as a failure by the CONSULTANT to substantially perform its obligations hereunder; any such assignment shall be null, void, and of no legal effect. The CITY shall have the right to assign its rights (or any part of them) or to delegate its duties and obligations (or any part of them) to another entity upon written notice to CONSULTANT and that CITY's assignee shall be bound by all applicable terms and conditions as provided in this Agreement. 11.5 Audits 11.5.1 Periodic Auditing of Consultant's Books. The CITY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the books for the purpose of verifying the accuracy of any invoice. In addition to the above and upon request of the CITY, the CONSULTANT shall prepare an audit (for the most recent fiscal year) for the CITY, which shall include the CONSULTANT's paid salary, fringe benefits, general and administrative overhead costs, profit, and the total amount of money paid by the CITY to the CONSULTANT. This audit shall be certified as true and correct by, and shall bear the signature of, the CONSULTANT's chief financial officer or its certified public accountant. RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 13 11.5.2 Overcharge. If it is established by the audit, or by any other means, that the CONSULTANT has over-billed or overstated its costs, fees, or reimbursable expenses (Overcharge) to the City, then the amount of any Overcharge shall be refunded by the CONSULTANT within 30 days of notice by CITY, together with interest at the rate of one percent (1%) per month and the CITY's reasonable and verifiable costs (including the auditing expenses) in discovering the Overcharge and effecting its repayment. 11.6 Entire Agreement This Agreement, including the Exhibits hereto, constitutes the entire Agreement between the parties, and shall supersede and replace all prior agreements or understandings, written or oral, relating to the matters set forth therein, and that specifically related to the execution of this particular document. 11.7 Amendment This Agreement may be amended or modified only by a change order or addendum, and as duly authorized and executed by the parties. 11.8 Validity; Governing Law; Venue The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida only. In the event any provision hereof is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. To that extent, this Agreement is deemed severable. Venue for any dispute under this Agreement shall be in the Ninth Judicial Circuit, or in the U.S. District Court, middle district, located in Orange County, Florida. 11.9 Headings The headings of the Sections or Subsections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections or Subsections. 11.10 Timeliness The CITY and the CONSULTANT acknowledge and understand that time is of the essence in this Agreement, and that the services shall be performed in as expeditious a manner as may be in accord with the nature of the Project. 11.11 Public Entity Crimes Any Person or affiliate, as defined in section 287.133, Florida Statutes, shall not be allowed to contract with the CITY, nor be allowed to enter into a subcontract for work on this Agreement, if such a person or affiliate has been convicted of a public entity crime within three (3) years of the date this Agreement was advertised for proposals, or if such person or affiliate was listed on the State's convicted vendor list within three (3) years of the date this Agreement was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 14 stolen property or material misrepresentation. Any Agreement with the CITY obtained in violation of this Section shall be subject to termination for cause. A sub-consultant who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-consultant acceptable to the City. 11.12 Force Majeure The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to the approved Scope of Work or time schedule, such modifications may include, but not be limited to, the Project's Scope of Work, schedule, and fee. If such conditions and circumstances do, in fact, occur, then the CITY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 11.13 Remedies and Costs All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. 11.14 Dispute Resolution and Exclusive Venue As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the City shall select the mediator who, if selected solely by the City, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference. The sole and exclusive venue for any mediation shall be in Orange County, Florida. Any legal proceeding of any nature brought by either party against the other to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this Agreement or the work to be performed hereunder, shall be submitted for trial, without a jury, before the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida. The parties consent and submit to the jurisdiction of such court and agree to accept service of process outside the State of Florida in any matter to be submitted to any such court pursuant hereto. The City and Consultant expressly waive all rights to trial by jury regarding any legal proceeding of any nature brought by either party against the other to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this contract or the work to be performed hereunder. 11.15 Non-exclusive Agreement The CITY reserves the right to contract with other firms for any and all of the services anticipated by this Agreement. RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 15 IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the parties hereto and by its duly authorized representatives, as of the date first written above. ACCEPTED: ATTEST: -4111 c C B Name: ILLL Zeb0.0 Jtc2 ` Name: �)b fill�v► ► 1""\ S%Q 6-r.4RYIA90% 1 NG 11 o: S= Title: 1 1 `' - OWL -f i M Comm.Expires r_12(SEAL) _ma My 16,2019 ; o 2�/S��a GHG QTS 0- No.FF 900672 : k")(j.J"(F F•6'`F-L APPROVED: '� F pi;,e?\`%% CITY OF OCOEE, FLORIDA ATTEST: Melanie, Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON this day of , 20 . UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN &WILSON, P.A. BY: Scott A. Cookson, City Attorney RFQ 1704 Design Criteria Package Development for New Ocoee City Hall Page 16 r EXHIBIT A RFQ 1704 RFQ 1704 Design Criteria Package Development for New Ocoee City Hall CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #1704 DEVELOPMENT OF DESIGN CRITERIA PACKAGE FOR NEW OCOEE CITY HALL 141/4p Ocoee florida Request for Qualifications,Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting sealed statements of qualifications for RFQ No. 1704 Development of Design Criteria Package for New Ocoee City Hall. Qualification Packages will be received at the office of Joyce Tolbert, CPPB, Purchasing Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 P.M., local time, on April 4, 2017. Qualification Packages received after that time will not be accepted under any circumstances. Sealed Qualification Packages that have been timely received will be publicly opened and the names of the responding firms read aloud at that time. A non-mandatory Pre-Submittal Conference is scheduled for March 21, 2017, at 10:00 am, local time, at Ocoee City Hall, 150 N. Lakeshore Dr., Ocoee, FL 34761. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at http://www.ocoee.org under the"Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, including all addendums and changes to the project requirements. Membership with Onvia/Demandstar is not required to submit a response; fees may apply for non-members. Persons other than prospective respondents may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Dr., Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, February 19, 2017. RFQ#1704—Design Criteria Package—New City Hall 2 CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #1704 DEVELOPMENT OF DESIGN CRITERIA PACKAGE FOR NEW OCOEE CITY HALL A. INTRODUCTION AND GENERAL INSTRUCTIONS 1. The City of Ocoee, Florida (City), in conformance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, and the policies and procedures of the City of Ocoee (City) is soliciting statements of qualifications from qualified professional architectural firm(s) (Respondent, Firm), to develop a design criteria package for the new Ocoee City Hall. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. The project will be awarded upon securing the required funding. Responding firms must be experienced in providing design criteria services for projects of a scope and nature comparable to those described. Use of qualified sub- consultants for specialty work is acceptable. To be considered, the firm shall be qualified by a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County, and City land development codes, regulations, and laws, and with City and Orange County construction standards. 2. The City intends to award a contract to one (1) qualified design firm to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFQ. 3. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at http://www.ocoee.org under Finance/Purchasing. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, all addendums and changes to the project requirements; Fees may apply for non-members. Membership with Onvia/Demandstar is not required to submit a response. 4. Each qualification package must consist minimally of a cover letter, statement of qualifications, and company information form (attached at the end of these instructions). Please also include a copy of all applicable licenses held by firms or key subconsultants proposing to perform the work. Statements of qualifications must be limited to a total of Fifty (50) 8.5"x 11" pages (including any resumes and 2-page cover letter but excluding front and back covers, dividers, table of contents, and company information form), single-sided, portrait orientation, 12-point font. Additional requirements of submissions are supplied below in Section D. Any qualifications package failing to conform to these specifications is subject to rejection. The person signing the signature sheet on behalf of the respondent must have the legal authority to bind the respondent to the submitted qualification package and shall be understood to do so. All expenses for providing qualification packages to the City shall be borne by the respondent. RFQ#1704—Design Criteria Package—New City Hall 3 5. Finns, companies and/or individuals interested in providing these services shall submit one (1) original paper and one(1) complete electronic copy in a single pdf file of their qualifications package. The electronic copies shall be submitted in a fully electronic form on a USB FLASH DRIVE as an Adobe PDF file, version 5 or later. Qualification Packages shall be submitted to the City of Ocoee in one sealed package, clearly marked on the outside with the appropriate RFQ number and closing date and time, addressed to: Joyce Tolbert, C.P.P.B., Purchasing Agent City of Ocoee Finance Department/Purchasing 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407)905-3100 x 1516 FAX number: (407) 905-3194 i tolbert@ci.ocoee.fl.us No fax or e-mailed submissions will be accepted. 6. Qualification packages must be received no later than 2:00 p.m. (local time) on April 4, 2017. Any qualification packages received after the above-noted time will not be accepted under any circumstances. Any uncertainty regarding the time a qualification package is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the qualifications package delivered to the Ocoee City Hall by U.S. mail, hand delivery, or any other method available to them. Delay in delivery shall not be the responsibility of the City. A qualifications package received after the deadline shall not be considered and shall be returned unopened. Any request to withdraw a qualifications package must be addressed in writing. Such requests must be received by the City prior to the deadline of the submission. 7. Pre-Submittal Conference: A non-mandatory Pre-Submittal Conference is scheduled for March 21,2017, at 10:00 am,local time, at Ocoee City Hall, 150 N. Lakeshore Dr., Ocoee, FL 34761. 8. The City will receive questions regarding the RFQ only through written inquiries, emailed preferable, directed to the Purchasing Agent. Deadline for receipt of written inquiries will be March 28, 2017 at 2:00 p.m., local time. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, or other City consultants or City Commission for information regarding this RFQ before the project award date. Any contact with any other member of the City Staff, City Commission, or its consultants during the RFQ, award, and protest period may be grounds for Respondent disqualification. 9. Action on qualification packages is expected to be taken by the City Commission within one hundred twenty (120) days of the submission opening date; however, no guarantee or representation is made herein as to the time between receipt of the qualification package and subsequent City Commission action. A more detailed schedule is given below. RFQ#1704—Design Criteria Package—New City Hall 4 10. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. The provisions of the Consultant's Competitive Negotiations Act (Section 287.055, Florida State Statutes) shall apply,where applicable. 11. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 12. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a). 13. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request of proposal become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 14. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and RFQ#1704—Design Criteria Package—New City Hall 5 understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 15. Conflict of Interest/Non-Collusion Certification: The Respondent declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee.Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Respondent agrees to immediately notify the City in writing. The Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services,requirements, and standards contained in the Bid documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, the Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent. The bid constitutes a firm and binding offer by the Respondent to perform the services as stated. 16. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City's discretion, the City determines that it is in the City's best interest to do so. RFQ#1704—Design Criteria Package—New City Hall 6 The City reserves the right to award the contract to the Respondent which, in the City's sole discretion, is the most responsive and responsible Respondent The City reserves the right, as an aid in determining which proposal is responsible, to require a Respondent to submit such additional evidence of Respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals B. INSURANCE TERMS AND CONDITIONS The successful respondent shall be required to provide evidence of both General (Public & Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected consultant shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the consultant allow any subconsultant to commence work on a subcontract until all similar insurance required of the subconsultant has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. 1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Consultant and/or subconsultant providing such insurance. 2. Workers' Compensation Insurance: The Consultant shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Consultant's employees connected with the work of this project and, in the event any work is sublet, the Consultant shall require the subconsultant similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Consultant shall provide, and cause each subconsultant to provide adequate insurance, satisfactory to the City, for the protection of the Consultant's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. 3. Consultant's Public Liability and Property Damage Insurance: The Consultant shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Consultant and the City from claims for damage for personal injury, RFQ#1704—Design Criteria Package—New City Hall 7 including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant, and the amounts of such insurance shall be the minimum limits as follows: 4. Automobile Bodily Injury Liability&Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired&non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 5. Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Consultant is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL&ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 6. Subconsultant's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Consultant shall require each subconsultant to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subconsultants in the Consultant's policy, as specified above. 7. Owner's Protective Liability Insurance: (Not applicable for Design Services). As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent consultants and are directly imposed because of the named insured's general supervision of the independent consultant. The Consultant shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 8. Contractual Liability: If the project is not bonded, the consultant's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE,THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability Builders Risk: (Not Applicable for Design Services). RFQ#1704—Design Criteria Package—New City Hall 8 • $100,000 Any(1) Location • $1,000,000 Any(1) Occurrence (remainder of page left blank intentionally) ACORD. CERTIFICATE OF LIABILITY INSURANCE „,; 1 C wnmmor i1/D + panacea THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTERTHE COVERAGE AFFORDED SYTHE POUCINS BELOW. • NSURERS AFFORDNG COVERAGE NMC I INSURED INSURER n s.n mai”A.or Ntnr INSURER a iRnntractor's Na.. roman Addraae INSURER o MAO COVERAGES 'IMPROPER OA YORANCEl11TBO 00OWMVR EEEU OS®TOSEINSSEO RAM ABOVE FOR IE POUCY PERKO HDKATED.NOMQfUSTAMONG ANY MUMMERY lSRN OR COMORIONOF ANY COMAE?°POTHER DOCUMENT WIN RWECTTO VAACN TNtl CGTSICATE MAY EE GREG OR AMY PIRO"TEE EMSURCEMFORDED SYTHE POUCESMGMSED NORM E BUGSGT TO ALL THE TERNS RAGLUSDN0 ANO COOPIORS OF 7100 1.1111= pMUMAOGREOA15 IVES SOWN MAY HAVE E®PREOXR$SY PACCWS py{�PgRyS ,ry EyEE��gR LTR NSRS TM OPRSEN4E POW'Y WRIER I GTE pRPDUTYI OATEPEEOO.YIT UMRS aE1ERAL IUaaPTEACHOCCUIEEIILE '1140004000 X X OXAMEROERAI.UMUTY PAE�O°E'I ,LB' I $50,000 mea QOGGUR MED Wpm/ Pave') 15,000 PEIOONUAMNDA05' $1,000,000 G3AIEMLAO0IEGATE $2,000,000 aloe AGGREGATE LNG ARMORS Kit PEEOo1CY3•CdlgPAGO-$7,000,000 �POW([in • AUTON:SRA MMLTTYa®$'WREN 11,000,000 © IY AAUTo MI OWNED AUTOS ROCRY NUURY 3 pinemlE0EOUE0 AUTOS ,— ©IWEO AUTOS MARY I W+ .$ ©NORCWNED AUTOS . (PROPERTY PMDAa.GR :$ OARAoeuAlan• AOToONLY•EAAcoDERT S —1 ANY AUTO EA ACC $ '"POORLY: AGO 3 ossum emautuA1Lm, EACH occ4 'cE $1,000,000 X J otos CLAYS laze AGGREGATE $2,000,000 OGRXTIRE ( ' N MORICARS COAMORA,DRRARO X ITaiwinI )t O MADYERS,LRMYeLJITY LL EACH ACCoiM $500,000 • PROPIFINTONTARMENEKECLITIVEOFROMMEMIER=UMW E.L.O$cHE.EAENPLOYEE 1500,000 Il• 'w.PiEOYaybHSHo+ EL WEAR.POICY ISO 1500,000 ORM Builders Risk i Any 1 Loc mom Any 1 Occ 1,000,000 ante PR0E0 OF OPERATIONS LOCATIONS IVOICI.CI T=UMW ROOM IT EIOORSEENT ISFSCMLPROV000 The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability L Umbrella Liability. Workers' Compensation, Imployera' Liability a General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate holder is added as a ngmga 319>Ded ks 1ibiligmRkdc. CERTIFICATE FOLDER CANCELIATON OCO><=Ol MOULD NW OP TNS MORI DE10ESEOPOLi112 WKRLEG SOW TNR OP00110A GTE TIVOUOP.mammal MSUIETVRL MOEAVOE TO MAL 10 OAYSWRrnm Imir170 THE CE TEECATE HOLDER NAIIE)TOTTELER.SUY FAILURE TO BOBO SMALL City of Ocoee WOK NO 0R3A11010RtlAaLRY OF ANY IGO RPM TIE AMMER.PS AGORA OR 150 R. Lakeshore Drive RSImdrATW$L Ocoee TX. 36761-2755 Mmlls10wYRIVITATWE emsO ACORD CORPORATION 917E ACORD 25(7001101) SPR /S L A-Ak 9. Certificates of Insurance: Certificate of Insurance Form (see sample, above), naming the City of Ocoee as an additional insured will be furnished by the Consultant upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: RFQ#1704—Design Criteria Package—New City Hall 9 • The name of the Insured consultant, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. • Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. C. SCOPE OF SERVICES The City of Ocoee, Florida (City), in conformance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, and the policies and procedures of the City of Ocoee (City) is soliciting statements of qualifications from qualified professional architectural firm(s) (Respondent, Firm), to develop a design criteria package for the new Ocoee City Hall. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. The project will be awarded upon securing the required funding. Responding firms must be experienced in providing design criteria services for projects of a scope and nature comparable to those described. Use of qualified sub-consultants for specialty work is acceptable. To be considered, the firm shall be qualified by a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County, and City land development codes, regulations, and laws, and with City and Orange County construction standards. The City seeks to retain the services of an architectural design firm to create the design criteria package for procuring a design-build company to construct a new City Hall on a site located at the northeast corner of Bluford Avenue and McKey Street in downtown Ocoee. To do so, the design criteria firm will prepare a package that includes conceptual floor plans, potential exterior and interior elevations, and design details needed to fully convey the City's requirements for the building. Although this work will require the selected firm to anticipate some basic structural elements of the building, it will be left for the design-build contractor to finish the design process by adding structural and other details necessary to build the structure ready for occupancy. The working project budget of$9 million, including design, anticipates the new City Hall will contain up to 40,000 square feet of habitable space, which would accommodate the needs of city staff, local state representatives, and possible commercial space for food services and other retail establishments that could serve the general public and City staff. A key early deliverable by the selected design criteria package firm will be a space analysis, demand, and allocation study to define space requirements for the new structure. This space analysis will need to help the City answer the question as to whether the existing City Employee Clinic, now housed in a renovated former residence adjacent to the future City Hall, should be moved into City Hall or preserved as a separate facility. At a minimum, the existing facility will need to remain in operation until the new City Hall is occupied. RFQ#1704—Design Criteria Package—New City Hall 10 City staff slated to move to the new facility include those positions now located in City Hall and the adjacent City Hall Annex. These spaces currently total about 31,000 habitable square feet and include the City Commission chambers, public-access spaces, conference rooms, staff offices, file storage, a TV broadcast booth, IT server facility, and housing for the State Senator from District 13 and the State Representative from District 45. The departments having all or most of their staff located in City Hall and/or the Annex include Elected City Officials (Mayor and four district commissioners), City Manager, Finance, Support Services, Development Services, City Clerk, Human Resources & Risk Management, and Parks & Recreation. Public access to City services are currently part of the floor spaces used by Development Services—Building Division, Finance Department— Utility Counter, and City Clerk; the Support Services Department has lead responsibility for the City Hall entry area and shares responsibility for the City Commission Chambers with the City Clerk. Other key elements of the new facility should include: • Structured file storage with department-specific access control for files containing letter- and legal-size papers, plus space for full-size construction plan sets related to private development and City construction projects • A central reception and welcome area shared by those departments that provide direct service to walk-ins, such as the utility counter, City Clerk's office, building permitting, GIS, and planning • Reproduction room for large-volume copying, binding, and storage of materials for distribution; USPS mailing (postage meter and folder/inserter); and internal mail distribution • Exercise space with lockers and showers for city employees • Storage space for collected surplus equipment, recycling (plastic, glass, cardboard, and printer cartridges), extra chairs, etc. • Structured data wiring supporting VoIP telephony and computer access • Computer server room with redundant air conditioning equipment and generator • Local temperature control of HVAC • Acoustical privacy in open work areas • Local direct lighting control • Security camera system for interior public spaces and building perimeter • Digital signage for directing visitors to conference and meeting rooms • Conference spaces for a variety of gatherings (at least one space to accommodate 50 persons with electronic whiteboard, camera, and HDTV for webinar production/participation) The new City Hall is part of a larger public space improvement project that fits within the context of a $45 million public infrastructure investment by the City as a means of stimulating development in the downtown Ocoee area. The goal of this larger effort is nothing less than intensive urban development of the downtown area, which extends from SR 429 on the west to Starke Lake on the east. Development of a design vernacular and its expression through the exterior surfaces and shapes of the new City Hall are also other aspects of the design criteria package development effort. Go to http://www.ocoee.org/832/Downtown for more information on the Downtown Redevelopment project. Conceptual planning of the City Hall structure will need to go through a fairly open-access design process that includes input and feedback from elected RFQ#1704—Design Criteria Package—New City Hall 11 officials, City staff, and possibly the public. Details on how the conceptual design process will be conducted should be provided in the submitted proposal. A separate site planning effort is being conducted in parallel with the City Hall design development process as an initial phase of developing improvements for the City Hall block and the adjacent City-owned property on the shore of Starke Lake; a.k.a., Lakefront Park. Parking for City Hall will be shared with the adjacent major event venues (Lakeshore Center, Withers-Maguire House, and Ocoee Woman's Club), in addition to the enhanced Lakefront Park. The site development work is being closely coordinated with the design of a master downtown stormwater system. Work on the site planning and stormwater management projects will need to be accommodated and coordinated with the City Hall design project, and may have a significant impact on the final decision related to the location of the City Employee Clinic. As a result, the City Hall design effort is limited to the building itself and any adjacent entry plaza or other integrated outdoor spaces. This envelope will become a building-platform space on the site plan. Parking, landscaping, and various other public space requirements outside the City Hall envelope will be addressed by the Lakefront Park Improvements project. The City Hall plan is responsible for showing the general location of utility connections, while the site plan and related water, wastewater, and stormwater utility infrastructure plans will bring services to the locations shown. Other projects will reconstruct all four streets forming the boundary of the City Hall block. The City Hall design effort should both incorporate and inform the specific street furniture and other amenities installed by these street reconstruction projects, particularly on Bluford Avenue. In accordance with City Code and Florida Statutes, the selected design criteria firm will be involved in reviewing and evaluating proposals received from design-build firms seeking to construct the facility and may be asked to serve as owner's representative during the design-build phase of the project. D. SUBMITTALS Qualifications packages shall be designed to portray to the City how the respondent's services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services given above. In order for the City to evaluate the qualification package, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. The required submission materials include the following: I. Firm's Qualifications • List of firm's key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. • Firm's and key employee's/project team members' certifications and licenses with regulatory agencies,professional organizations, etc. • List firm's sub-consultants,their qualifications, and their role in this project. • List of firm's other current or recently successfully completed similar services within the past three (3) years with other public or private agencies which illustrates the experience of the firm. RFQ#1704—Design Criteria Package—New City Hall 12 • List of at least three (3) client references to include organization name, contact person, telephone number(s), and e-mail address. • Provide a project staff organization chart for the project team assigned to this project. • Current and projected workload of the Firm,provide project and client names and project design commencement and projected design completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the Firm's understanding of the project and how the Firm would accomplish this work. II.Firm's Office Location & Other Forms (not included in page limit) • List the location of all offices (firm and sub-consultants) involved with this project and approximate distance(in miles)and time(in hours)to City Hall. • Company Information/Signature Sheet p. 16. • Receipt of any addenda issued. • MBE Certification for the Firm and/or sub-consultants. Attach copy of State of Florida or County MBE Certification for the Firm and/or sub-consultants. • Summary of Litigation, if none please so state. Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Firm in the past five (5) years which is related to the services that the Firm provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications published 30 days later Non-mandatory Pre-Submittal Conference 37 days later Last day for questions 44 days later Statements of qualification are due 50 days later Qualification statements distributed to evaluation committee 65 days later Evaluation committee meeting held 70-80 days later Interviews of the top three or more Respondents Next meeting Short-list of ranked firms recommended to City Commission Dates are estimated and subject to change at the City's discretion. F. SELECTION PROCESS 1. The criteria for selection shall be based on the criteria listed in the RFQ. The City reserves the right, before awarding the contract, to require a Respondent to submit additional evidence of its qualifications, as the City may deem necessary, and shall conduct discussions with, and may require oral presentations by, no fewer than three RFQ#1704—Design Criteria Package—New City Hall 13 (3) firms, if possible. The City shall be the sole judge of the competency of Respondents. 2. A City evaluation committee will evaluate each respondent's qualifications and after interviews and/or oral presentations will short-list and recommend to the City Commission the top three (3) firms, if possible, in ranked order of qualifications based upon the evaluation committee's evaluation of the responses and any client references. All Respondents shall be notified via Onvia/Demandstar or other means of the evaluation committee's recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by the evaluation committee shall be fmal. The City Commission shall be the fmal authority in the award or rejection of any and all responses. 3. The City will apply the negotiation requirements of Section 287.0055, Fla. Stat., (a.k.a., CCNA). The City will attempt to negotiate an agreement with the top-ranked Respondent. If no agreement is reached with the top-ranked Respondent, negotiations will be terminated and initiated with the second-ranked Respondent, and so on, until an agreement is reached. 4. The successful Respondent shall be required to execute an agreement which provides, among other things, that all plans, drawings, reports, and specifications that result from Respondent's services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. Evaluation Criteria Maximum Points 1. Past Performance&Experience of the Firm and Project Team • Past Performance and Experience of the Firm • Past Performance and Experience of the Project Team • Past Performance and Experience with or in the City 40 • Overall Experience • References • Effect of any legal action against the firm 2. Project Approach and understanding of the project 30 3. Ability to Meet Time and Budget Requirements • Current& Projected Workload of the Firm 20 4. Location of the office and proximity to the City of Ocoee 5 5. Certified Minority Business Enterprise 5 Total Possible Points 100 RFQ#1704—Design Criteria Package—New City Hall 14 G. BID PROTESTS All Bid Protests shall be submitted to the Purchasing Agent in the following manner: A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. The bid protest shall be filed with the Purchasing Agent not later than three (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. END OF INSTRUCTIONS RFQ#1704—Design Criteria Package—New City Hall 15 COMPANY INFORMATION/SIGNATURE SHEET RFQ#1704 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public RFQ#1704—Design Criteria Package—New City Hall 16 '/ 1 EXHIBIT "B" SCOPE OF WORK RFQ 1704 Design Criteria Package Development for New Ocoee City Hall EXHIBIT"B" OCOEE CITY HALL SCOPE OF SERVICES FOR DESIGN CRITERIA PACKAGE PROJECT KICK-OFF During project kick-off, a meeting or a series of meetings will bring together the Zyscovich team and City of Ocoee staff, stakeholders. Purpose:To pool ideas and to begin to sort through and define the project's goals and objectives. All project consultants and development team members will invest significant collaborative participation to outline a road map for delivery of the new 40,000 +1-gsf City Hall Project to define and understand all project parameters and develop clear and timely lines of communication. PROJECT MEETINGS:ACHIEVING STAKEHOLDER CONSENSUS Following kick-off, a schedule of periodic design review meetings will be established. These will be supplemented with interim meetings to discuss specifics. Detailed meeting notes document communication at project-related meetings and electronic distribution of these minutes. In a complicated project it is essential that the building blocks of clear and timely communication be firmly in place as the project progresses. If required as an additional service we can conduct charrettes, or design workshops, to develop consensus. These meetings provide a forum for staff, administration, and/or other key players to provide input as the project develops. PROGRAMMING PHASE Develop a detailed listing of the specific needs and parameters for the project. The definition of the type of spaces,size requirements and furnishing needs. We work closely with stakeholders and staff to incorporate their expert perspective on what works and what could work better in the new City Hall. Compile the City Hall Facilities Program based upon meetings with stakeholders and staff and conduct one last meeting to review and approve. Explore creative solutions that resolve any identified budget issues. Develop Architectural, Structural, Mechanical, Electrical, Plumbing Engineering and any required specialty consultant Basis of Design Narratives(BOD)to assist with defining project scope. Work closely with Carlsson Construction Cost Estimators for their preparation of a programming level order of magnitude budget estimate and reconcile the program square footage and BOD to align with budget. CONCEPTUAL DESIGN/DESIGN CRITERIA PACKAGE PHASE Create several conceptual designs for city hall and based upon the preferred and approved scheme,obtain feedback from the stakeholders and staff regarding your specific preferences for the organization of program areas and the aesthetic design expression of the City Hall,then utilizing the preferred scheme with your feedback,create the Design Criteria Package. We work with 3-D modeling software that helps us visualize the actual space dynamics(architectural design aspects),bringing the horizontal and vertical control points of the design into the process at the initial stages.Visualization is especially important so that stakeholders and staff will thoroughly understand the proposed design solutions. To maximize the project budget, our consulting team will investigate the most cost effective, durable and spatially-flexible systems for the project. The selected design for the Design Criteria Package will then be tested and refined to meet the program requirements.We will provide revised plans that incorporate the comments and recommendations from the design review and presentation. Deliverables at the conclusion of this phase may include: Architectural Site Plan Floor Plans Preliminary Building Code and Life Safety Plans Reflected Ceiling Plans Building Elevations Typical Wall Sections Plan Details Section Details Finish Schedule Finish Plans Interior Elevations Interior Details Finish Boards FFE Selection and Specification (as an additional Service) Signature Light Fixture Selection Basis of Design Materials, Finishes and systems descriptions Structural Basis of Design Mechanical, Electrical, Plumbing, Fire Suppression and I/C/T system Basis of Design Narratives Work closely with Carlsson Construction Cost Estimators for their preparation of 1.A Conceptual Design Level Project cost budget estimate and then 2. Design Criteria Package level project cost budget estimate and reconcile the program square footage, level of finish or design elements to align with budget. The intent is to: Finalize the design and scope as it relates to the city of Ocoee's valid programmatic,functional,durability,maintainability and aesthetic requirements. Solve outstanding concerns Develop and advance the Design Criteria Package documentation of the scope of work as a benchmark of the City of Ocoee to measure any changes that may need to occur once the Design Build Team is selected and begin their portion of the work. At the end of the Design Criteria Package Phase of work,most Design and Building Systems decisions will be finalized and the Design Criteria Package decision making process will be complete before proceeding with Design/Build procurement. Review draft procurement documents prepared by the City of Ocoee Staff prior to it's being issued. TEST-FIT STUDY(DURING CONCEPTUAL DESIGN) Once the Facility Program has been approved by the City of Ocoee,we will develop dimensioned space test-fit plans reflecting all programmatic needs. The preliminary space test-fit plans will illustrate options on office,workspace layouts,common areas,conference and meeting rooms,reception,file/storage rooms,workrooms,special purpose facilities,such as the City Commission Chambers and all other areas allocated during the programming phase.This will be documented by reflecting departmental and room names,preliminary furniture layout,departmental adjacencies,and usable area,taking in consideration preliminary Fire/Life Safety requirements. During this phase,we will discuss and evaluate in conjunction with City of Ocoee options that will affect the overall space plan, including: 1. Evaluation/comparison of new technologies 2. Adjacencies and spatial relationships for future growth 3. Conventional furniture versus more efficient furniture 4. Hours of operation and their impact 5. Culture and branding opportunities 6. Conferencing and training strategies PARTICIPATION IN SELECTION OF DESIGN/BUILD FIRM INTERVIEWS Zyscovich Architects is a non-voting member Zyscovich Architects will review submittal documents and provide technical observations to the selection committee Zyscovich Architects will attend Oral Presentations and before voting provide verbal observations and advice as required to the selection committee TECHNICAL DRAWINGS&SPECIFICATIONS(CONSTRUCTION DOCUMENT PHASE) During the development and preparation of the construction documents by the Design Build Team,all the project's microscopic technical issues will be addressed. We will utilize BIM (Building Information Modeling)software to review their drawings. Review Construction Documents for Design/Build pricing at 30%and 90%Documents We will also review the final detailed written specifications. Throughout this phase,we will be in constant communication with all team members to complete the work within the established project schedule. QUALITY CONTROL The QC process is continuous and collaborative and will be based on milestone events 30% and 90% Construction Documents that require a cross discipline review and confirmation of resolution of all previously captured quality control concerns prior to moving forward with design and construction. The interrelationship of management and team components as they relate to our quality control process are intended to: • Ensure that quality assurance and control are an integral part of the project schedule from Day 1 and not just an"end of job"review; • Ensure that project documents are technically workable, and within budgetary and scheduling guidelines (provide cost and schedule control); Exhibit"B" Ocoee City Hall Project Schedule Project Kick-off Meeting/Mobilization 1 week Programming/Spatial Needs Assessment/Spatial Standards 5 weeks Programming,order of magnitude cost estimate 2 weeks Conceptual Design/Interior Test Fits 3 weeks Conceptual project cost budget estimate (1) 2 weeks Design Criteria Package Preparation 10 weeks Design Criteria Package project cost budget estimate(2) 3 weeks Project Schedule thru Completed Design Criteria Package Subtotal 26 weeks City D/B RFQ-Advertising and Selection Process 10 weeks Construction Documents 12 weeks Design Builder Pricing 3 weeks Permitting/Construction Bidding and Negotiations 6 weeks Total Project Schedule Thru Permitting/Bidding and Negotiations 57 weeks Construction Administration TBD Exhibit"B" CITY OF OCOEE CITY HALL DESIGN CRITERIA PACKAGE/OWNERS REP. FEE PROPOSAL Task Fee Design Criteria Fee Programming $15,000. Test Fit(one) $9,000. Architectural Design Criteria Drawings $140,000. Interior Design Criteria Package Drawings $25,000. BEC Structures Criteria Basis of Design Narrative $5,000. For Structural Documents-See Additional Services) Stantec Design Criteria Basis of Design Narratives(including ICT) $34,400. Documents for I/C/T/AV $15,100. Carlsson Cost Estimating $15,190. Architectural Meetings w/city of Ocoee and its consultants $14,000. Internal Architectural Coordination Meetings $3,500. SUBTOTAL $276,190. Owners Representative Fee Architectural Review Design-Builder Submittal Documents(up to 5 submittals) $7,200. Architect to Attend D/B Interviews(up to 5) $1,200. D/B Documentation-Pricing-Bid-Negotiation-Permitting Architectural Review and periodic meeting attendance(21 weeks) $49,875. SUBTOTAL $58,275. GRAND TOTAL Lump Sum Fee thru Permitting $334,465. Schedule of Values for Additional Services Architectural Owners Representative Services (assume 10 months, one staff, 10 hours per week) $38,000. Architectural Shop Drawing Review $22,000. Additional Space Plan Test Fits .20 cents/SF TBD BEC Structures Design Criteria Documents $7,000. D/B Construction Document Peer Review $3,000. As-Built Site Visit(walk-thru and report) $2,500. Stantec MEP Design Criteria Drawings and Specifications $23,485. D/B Proposal Review $10,000. D/B MEP, I/C/T Construction Document Review 30%and 90% $23,140. Shop Drawing Review $14,500. As-Built Site Inspection(one meeting with 3 staff) $3,150. Carlsson Cost Estimating Review of D/B Bids $2,670. GRAND TOTAL Schedule of values for Additional Services without FFE $149,445. Fixtures, Furniture and Equipment(Design and Specification) 40,000 x$1.50/ft $60,000. Grand Total Schedule of Values for Additional Services with FFE $209,445. 0 0 0 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0 0 cp 0 0 0 0 0 0 OO1 0 0 N t/1 iLl - 0 00 0 0 to ri ill et CO 6. di. Crgipm t/1• i/1• " 1/1• 4." i/4 i? 4/1 i/t- o 0 o O vi u1 1-t N N ei ci a; 01 ai o 8 0 vi ui 0 m m f0 IA 4+ m eC t/? v> 1- 0 8 C L.6 COui al C (1- 01 cn �/ t/? v► o O O O Ln 'Si 00 0^1 a^1 ai a1 to N CU w u o O ui Z n crl N 01 To' a? C - to V!V N 'ti 0 0 +' ° 0 v o= o . g C o0 00 > > 0 to vy Ia. 0 0 0 0 3 0 0 8 m103j O O O V16 u1 o 00 }/ 5 1A 0 0000 L.0 0Ln a; o4o O mLI .-1-1 a m in -13 C _' -0 t/? V? t/? th L? h X p W w 0 o 0 0 o 8 0 0 0 0 d c o o UOi CO O� 000 O d N d m- O CO .-4 .--I t0 th to if? 0 0 0 0 0 0 0 m sr n't O O O� 00 N Oi O N O d N V lD m n m .--I .--1 to in. t/? to to in. to N o o O O O 0 o 0 o 0 O IV m � co ci o vi v rri '•i m in 1.4 if? 1 14. 0 0 0 0 rt 0 od 0 0 U' U' O rn 00 .--1 N m t/? V? an. 4" N N v C N cto in In OJ CD an C OD RS CU C c Y -- COtio Y co `J _ ++ .i C Co. E fC 0 co N 06 a) �•• co 7 O T E ai a N a \ + C c U C C co L E �+ LC (0 U C C �. 0 y 0) - O L U' N L- E a. O Ll L .O 'L CA ++ 0 L N E N d C L OJ 0) •v LTO L C — L N C L y N U C d C U U +�•' O u ate' L U y LLC i C 3 i j CU C +-+ Q 3 a) N 0 O Q 0 E o. 1— Q U U m Ln U < _- 0 < Ln ce Q 0 cc Ln U F— Exhibit B 2017 Hourly Rate Schedule — Zyscovich Architects Partner/Principal $250.00 Project Manager $200.00 Project Coordinator $175.00 Designer $145.00 Jr. Designer $100.00 Senior Field Representative $150.00 Field Representative $115.00 IN-HOUSE REPRODUCTION CHARGES Small Format B&W Prints/Copies 8.5 x I I (each) $0.10 Small Format B&W Prints/Copies I I x 17 (each) $0.20 Small Format Color Prints/Copies 8.5 x I I (each) $0.50 Small Format Color Prints/Copies I I x 17 (each) $I.00 Large Format B&W Plotting/Printing (per Sq. Ft.) $0.25 Large Format Color Plotting/Printing(per Sq. Ft.) $2.00 ELECTRONIC FILE REPRODUCTION Compact Disk(CD) $100.00 2015-07 Rev EXHIBIT C TRUTH-IN-NEGOTIATION CERTIFICATE The CONSULTANT hereby certifies that all wage rates and any and all other unit costs supporting the compensation to be paid to the CONSULTANT for the Services set forth therein will be accurate, complete, and current at the date of the execution of the Agreement of which this Certificate is made a part. WITNESS: FOR CONSULTANT: v BY: BY: (Prix Name) (Print Name) TITLE: li",61" 2 v SCoUtc .N )cC -tiTECTSt "C-47C2 — STATE OF FLORIDA } COUNTY OF Dry) } PERSONALLY APPEARED before me, the undersigned authority,: r CkAr6n��tat Yl, [ ] well known to me or [t-rwho has produced his/her . N.42-r- \-� —v� -- as identification, and known by me to be the t Trt l'Nc-ii.Yc.)of the corporation named above, and who acknowledged before me that he/she executed the foregoing instrument on behalf of said corporation as its true act and deed, and that he/she was duly authorized to do so. WITNESS my hand and official seal this( -k day of di-at) , 20( . ��rrurrri -•'m— �DRIGUFZ.o�� Q ••••'•••••. + NOTARY P BLIC , o s ....•�jpTAgy•.•,q� Print Name: �\\b 9n�'Lcs}�t r - My C'(1� Comm.Expires; + a • July 18 2018 = o_ My Commission Expires: No.FF 900872 . ` J ' ''';;/re O Er<s0��e' RFQ 1704 Design Criteria Package Development for New Ocoee City Hall • Ensure frequent communication on progress,problems,and accomplishments;and • Provide periodic review of project performance related to the planned schedule and budget goals. PERMITTING, BIDDING&CONSTRUCTION ADMINISTRATION(CONSTRUCTION ADMINISTRATION AS AN ADDITIONAL SERVICE-IF ELECTED) Assist City of Ocoee in reviewing the Design/Build Firm's proposal and in negotiations with same in an effort to establish an acceptable,fair and reasonable price for the project. Involvement with permitting authorities during the early design and technical phases of the work ensures that the completed design contains all permit requirements, this approach will eliminate delays in redesign or awkward "value engineering" after construction documents are issued. Review revisions and addenda during the Bidding, Permitting Phases Throughout this phase,we will be in constant communication with all team members to complete the work within the established project schedule. Following the receipt of bids,assist in reviewing all bids to identify any deviation from the specified documents such as substitution of manufacturer,price abnormalities and omission of itemized bids that can adversely affect the outcome of the bids. Our team will also highlight any potential problems in the bids and offer a recommendation for the best qualified contractors. During the bidding process,we will prepare addenda to the contract documents as applicable and respond to bidders'questions. CA staff, project manager and project architect will communicate bi-weekly to ensure that the design intent is met while construction issues are addressed. Utilize automated systems managed by construction staff. Review submittals of equipment specified and shop drawings of custom fabricated equipment to ensure compliance with the design intent only-technical compliance is the responsibility of the Design/Build Firm.. Periodic review of shop drawing logs, answer Request for Information, and provide Supplemental Instruction to Field are managed through Newforma Software. OCCUPANCY& MOVE-IN(AN ADDITIONAL SERVICE- IF ELECTED) Our comprehensive"Concepts to Keys" approach means that, from the initial vision of the new City Hall Building to the final placement of furniture and equipment, our team will make sure it is done right. This is especially important to the coordination of purchasing and move-in of equipment.Our team will conduct on-site inspections both during installation and upon completion of installation. We will generate punch lists of discrepancies as they relate to compliance with the bid documents, and indicate any corrective action required. STAFF ORIENTATION AND TRAINING (AN ADDITIONAL SERVICE IF ELECTED) After construction is complete, we are able to perform a workshop and walk-thru to make sure staff/operators are properly trained. This can include review and testing of all building systems and will assure that the operators are trained and O&M manuals are available and accurate. Exhibit "B" Key Assumptions 1. This proposal is for Programming, Design Criteria Package- Design Architect of Record and Owners Representation Services and only those specialty consultants noted within this proposal are included; such as Spatial Programming, Interior Design Criteria, ICT-Technology Design Criteria Package. 2. Excluded services from this proposal, but not limited to: a. As-built drawing review b. Acoustical Engineering c. Fire/Life Safety Code consultation d. BOMA Calculations e. Civil Engineering f. Traffic Engineering g. Kitchen/Food Service Design h. Security i. Signage and Graphics j. Waterproofing/Moisture k. Landscape Architecture I. FFE (Fixtures, Furniture and Equipment) m. Occupancy/Move-in n. Staff Orientation Training o. 3-D Black and White or Color Renderings p. LEED or other sustainable Design Standards q. See additional Services exhibit for other services not provided, but can be by election of those services listed. 3. The proposed 47 week project schedule(thru permitting, bidding/negotiations is rigorous.Therefore, this proposal contemplates all decision making parties of the owner,the owners leadership will be available throughout the programming, design and documentation process in"real/on-board time"and that decisions will be made in"real time";that the construction pricing for the project will be performed in"real time"as well,with day to day guidance provided by the Construction Manager Risk as to building materials and systems in terms of the design team is proceeding within the cost guides and parameters. 4. We have assumed 1 "Test-Fit"fee for the purposes of the proposal, it is impossible to fully predict the efficiency of the design process, each test fit is based upon$.20/ft and we will work diligently and as efficiently as possible to manage the process and keep these costs down. 5. Schedule for Owners representation services during construction is"To-Be-Determined"with the Design Build Team upon all parties mutual agreement. 6. Zyscovich's detailed scope of work will be developed at that time to align with the fees allocated in this agreement. 7. Reimbursable expenses such as, nut not limited to reproductions/printing, courier services, overnight mail,mileage will be invoices at 1.10 the cost of expense.